Chapter 7 removal?? My husband and his former wife filled for BK 7 in 1999. The crux of the matter was extremely high c.card debt. His ex had forged his name on numerous applications, had the bills sent 1st to her parents home, then to a po box to conceal this from dh. When he eventually found out about the debts (through his employer, no less) the situation was beyond bleak, about $50k in cc debt, along with auto loan, mortgage, etc. My question is this, can he dispute the bk as not his even though he did file jointly with her. Would her forgery(sp?) be grounds for removal? It can be verified. Obviously, at the time, he did not want to sue his wife for her illegal acts regarding forging his signature on the apps., but now it is haunting us like the plague! His scores are about 640, and would be much higher without the bk, and all those awful accounts. Any thoughts???
Re: Chapter 7 removal?? Please anyone? Sorry about the misspelled word in header. I tried to change it, but is remains unchanged! Sounds like some CRA's I know...
Re: Chapter 7 removal?? He can dispute it if he wants to, but if he did file, how does he expect it to get removed? What would his basis be for removal? I know some creditnetters have had luck only on technicalities of the entry on thier cr's but I think it's rare that that can be done. It seems like he had his chance to take action to avoid his having to assume responsiblity for the debts before he filed for bk, but he opted not to go that route. He should have asked his bankruptcy attorney. If he filed chapter 7, it's public record. Down the line, a bankruptcy on anyones record will mean less and less as it ages and as they rebuild thier credit repayment history. You hear it over and over again, TIME is a major factor in getting back into prime territory again. He should work on getting those 4 or 5 tradelines and rebuilding that payment history. His scores will eventually go back up. My discharge was in July. My scores are going up every month with my rebuilding efforts. Just gotta work at it.
Re: Chapter 7 removal?? We now have 1 prime card (AT&T Universal) and a Cap 1 Gold card. We got a solicitation for Cap Plat, but did not want to get the card because of the inquiry. We are buying a house this month, and don't want any inquiries until after we close. If we can't remove the BK 7, could we possibly contest the c. card entries that we can prove are a result of forgery? That would at least get some of the "bad" information out of his file. Before he and ex filed for bk, his credit was excellent. His score is around 640 now, which isn't sooo bad, but not great either. The bk was discharged in 1999. Please understand that he was not in a position to sue his then wife for fraud! I can see the headlines now! BTW what are the statute of limitations for forgery? Could we go that route?
Re: Chapter 7 removal?? How do the accounts read on his credit report? If these accounts show as "Included in Bankruptcy" or "Discharged Chapter 7" then I don't see how the fraud angle would work, but I wouldn't tell you not to try if you want to. Strange stuff happens all the time with these CRA's. I think the credit card companies can probably verify that he was a co-owner of the debts (especially since he included them in the bankruptcy), but you might get lucky and have a few not respond in time and get them removed. I know you say you can prove the fraud, but the bankruptcy filing seems to really overshadow that fact since he DID file voluntarily on these debts, regardless of his role in using or applying for the credit he filed on. It's kind of after the fact it seems to be disputing the fraud. But give it a shot and maybe he'll get lucky on some of them. Good luck!
